Appeal No. 2006-3204 Page 10
Application No. 10/057,629
Salen, cited by Appellant (Appeal Brief, page 14), shows how Belamarich
would have been understood by those of skill in the art. Salen teaches that
cholestyramine produces “bile acid malabsorption.” Page 951, left-hand column.
That is, cholestyramine interferes with absorption of sterol-containing bile acids in
the digestive tract, with the result that the bile acids and their component sterols
are excreted in the stool and eliminated from the patient’s body.
Rosenblum teaches that “[w]hen intestinal cholesterol absorption is
reduced, by whatever means, less cholesterol is delivered to the liver. . . . Thus,
the net effect of inhibiting intestinal cholesterol absorption is a decrease in plasma
cholesterol levels.” Column 2, lines 6-12. Rosenblum also teaches that
“[c]ombination therapy of an HMG CoA reductase inhibitor and a bile acid
sequestrant [a.k.a. bile acid binding resin] has been demonstrated to be more
effective in human hyperlipidemic patients than either agent in monotherapy.”
Column 2, lines 17-21.
Rosenblum teaches that compounds like ezetimibe “have been found to
inhibit the intestinal absorption of cholesterol and to significantly reduce the
formation of liver cholesteryl esters in animal models.” Column 20, lines 41-44.8
Rosenblum teaches that ezetimibe can be administered to reduce serum
cholesterol levels either alone (column 3, lines 44-49) or in combination with a
“cholesterol biosynthesis inhibitor” (column 3, lines 54-67) such as an HMG-CoA
reductase inhibitor (column 6, lines 37-40)
8 Appellant does not dispute that Rosenblum’s genus encompasses ezetimibe. See the Appeal
Brief, page 11 (“Rosenblum et al. disclose that ezetimibe, optionally in combination with an HMB-
CoA reductase inhibitor . . . , is useful for reducing cholesterol.”).
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